Patel v Secretary of State for the Home Department

Immigration – Detention. The claimant had arrived in the United Kingdom on a visitor visa, but was detained at the airport and suspected of planning to breach the terms of her visa by taking up paid employment. She was kept in immigration detention for a number of days before being temporarily admitted, but her passport was not returned to her until some months after her visa had expired. The Administrative Court allowed her application for judicial review and made declarations that she had been unlawfully retained and falsely detained and that the decision to detain her had been unlawful and ultra vires. She was awarded a total of £125,000 in damages for false imprisonment, interference with her rights under the European Convention on Human Rights and in exemplary damages.

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